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Judicial Power to Regulate Plea Bargaining

DARRYL K. BROWN* Plea bargaining in the United States is in critical respects unregulated, and a key reason is the marginal role to which judges have been relegated. In the wake of Santobello v. New York

Federal Mens Rea Interpretation and the Limits of Culpability’s Relevance

U.S. FEDERAL MENS REA INTERPRETATION AND THE LIMITS OF CULPABILITY'S RELEVANCE DARRYL K. BROWN I - [Vol. 75:109 BROWN 110 between the actor and the risk that the offense targets.3 As a category

Strict Liability in the Shadow of Juries

at; http; //scholar; smu; edu/smulr SHADOW OF JURIES Darryl K. Brown* American and English criminal law is characterized by wider use of strict liability than one finds in the criminal law of many ... DEFENCES IN EUROPEAN CRIMINAL LAW 210-31 (Intersentia 2012) (analyzing use or rejection of strict liability in European common law and civil law states); Darryl K. Brown, Public Welfare Offenses, in OXFORD

Executive Branch Regulation of Criminal Defense Counsel and the Private Contract Limit on Prosecutor Bargaining

and lose. See Darryl K. Brown, Criminal Procedure Entitlements, Professionalism,and Lawyering Norms, 61 OHIO ST. L.J. 801, 828-31 (2000). Comparable signaling to ration other costly rights, such as jury

Criminal Law Reform and thePersistence of Strict Liability

CRIMINAL LAW REFORM AND THE PERSISTENCE OF STRICT LIABILITY DARRYL K. BROWN 0 0 O.M. Vicars Professor of Law and E. James Kelly, Jr.-Class of 1965 Research Professor of Law, University of Virginia

Can Criminal Law be Controlled?

decriminalization histories and a list of sources, see Darryl K. Brown, Democracy and Decriminalization, 86 TEx. L. REV. 223, 235-41 (2007). referenda in several states.4' Those are modest changes or indicators to be

Cost-Benefit Analysis in Criminal Law

By Darryl K. Brown, Published on 03/31/04 ... CRIME CONUNDRUM 127, 130-31 (Lawrence M. Friedman & George Fisher eds., 1997). 12. WALMSLEY, supra note 9, at 1. 13. For a discussion of this shift, see Darryl K. Brown, The Warren Court